[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR707.9]



[Page 307-308]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 707_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 

IN PROGRAMS OR ACTIVITIES CONDUCTED BY U.S. COMMISSION ON CIVIL RIGHTS

--Table of Contents

 

Sec. 707.9  Access to communications.



    (a) Discrimination prohibited. Except as otherwise provided in this 

section, no qualified individual with disabilities shall, because the 

Agency's communications are inaccessible to or unusable by individuals 

with disabilities, be denied the benefits of, be excluded from 

participation in, or otherwise be subjected to discrimination under any 

program or activity conducted by the Agency.

    (b) The Agency shall take appropriate steps to ensure effective 

communication with applicants, participants, personnel of other Federal 

entities, and members of the public.

    (c) Specific requirements regarding oral communications--(1) 

Telecommunications devices for deaf persons. (i) The Agency headquarters 

and each regional office shall maintain and reliably answer at least one 

telecommunications device for deaf persons (TDD) or equally effective 

telecommunications device.

    (ii) The Agency shall ensure that all Agency letterhead, forms, and 

other documents listing any Agency telephone number list the appropriate 

TDD numbers.

    (2) Interpreter service. (i) The Agency shall establish a reliable 

system for the provision of qualified interpreters to individuals with 

disabilities for Agency programs or activities. This provision does not 

require the Agency to have an



[[Page 308]]



interpreter on staff, but does require the Agency to be able to provide 

a qualified interpreter on reasonable notice.

    (ii) Notice of the availability of interpreter service shall be 

included in all announcements notifying the public of Agency activities 

to which the public is invited or which it is permitted to attend, 

including but not limited to the Commission's meetings, consultations, 

hearings, press conferences, and State Advisory Committee conferences 

and meetings. This notice shall designate the Agency official(s) and the 

address, telephone and TDD number to call to request interpreter 

services.

    (d) Specific requirements for printed communications. (1) The Agency 

shall establish a system to provide to individuals with disabilities 

appropriate reader or taping service for all Agency publications that 

are available to the public. This provision does not require the Agency 

to have a reader or taper on staff, but does require the Agency to be 

able to provide appropriate reader or taping service within a reasonable 

time and on reasonable notice. The Agency shall effectively notify 

qualified individuals with disabilities of the availability of reader or 

taping services.

    (2) Notice of the availability of reader or taping service shall be 

included in all publications that are available to the public. This 

notice shall designate the Agency official(s) and the address, 

telephone, and TDD number to call to request interpreter services.

    (e) Nothing in this section or Sec. 707.10 requires the Agency to 

take any action that it can demonstrate would result in a fundamental 

alteration in the nature of a program or activity or in undue financial 

and administrative burdens. In those circumstances where Agency 

personnel believe that the proposed action would fundamentally alter the 

program or activity or would result in undue financial and 

administrative burdens, the Agency has the burden of proving that 

compliance with this section or Sec. 707.10 would result in such 

alteration or burdens. The decision that compliance would result in such 

alteration or burdens must be made by the Staff Director or his or her 

designee after considering all Agency resources available for use in the 

funding and operation of the conducted program or activity and must be 

accompanied by a written statement of the reasons for reaching that 

conclusion. If an action required to comply with this paragraph would 

result in such an alteration or such burdens, the Agency shall take any 

other action that would not result in such an alteration or such burdens 

but would nevertheless ensure that, to the maximum extent possible, 

individuals with disabilities receive the benefits and services of the 

program or activity.